10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: One month's rent (in addition to first month's rent) for security demanded on/after July 1, 2024. Exception: two months' rent if the landlord is a natural person (or LLC of natural persons, incl. family-trust settlors/beneficiaries) owning no more than two residential rental properties with no more than four units total — but not where the prospective tenant is a service member. Advance payment of ≥6 months' rent on a ≥6-month lease is permitted. (Cal. Civ. Code § 1950.5(c)(1), (c)(5), confirmed 2026-10). Returning the deposit: 21 calendar days after the tenant vacates to return the deposit or deliver an itemized statement of deductions (with receipts for deductions over $125). Bad-faith withholding exposes the landlord to up to twice the deposit in damages. Effective Jan 1, 2026, landlords must offer electronic return where rent or the deposit was paid electronically. (Cal. Civ. Code § 1950.5, confirmed 2026-07).
How California treats the landlord's core obligations
Late fees: No statutory dollar/percentage cap or mandatory grace period. A late fee in a residential lease is a liquidated-damages clause: void unless it would be impracticable or extremely difficult to fix the actual damage, in which case the parties may agree on a presumed-damages amount (§ 1671(d)). (Cal. Civ. Code § 1671(c)(2), (d), confirmed 2026-10). Application fees: Capped at actual out-of-pocket screening cost plus reasonable value of landlord time, not to exceed $30 per applicant, adjustable annually by CPI from January 1, 1998 (statute states the base only; the current indexed ceiling must be computed/verified separately). Receipt required; fee refundable if no screening performed; no fee when no unit is available; must offer first-qualified-applicant or refund-if-not-selected process; cannot charge if applicant provides a reusable screening report (§ 1950.1). (Cal. Civ. Code § 1950.6(b), confirmed 2026-10).
Nonpayment notice: Three days' written notice to pay or quit, EXCLUDING Saturdays, Sundays and judicial holidays; notice must state the amount due and payment name/phone/address (and hours if personal payment), or account/EFT details; may be served within one year after rent becomes due. No fee may be charged for serving the notice. (Cal. Code Civ. Proc. § 1161(2), confirmed 2026-10). Rent increases: Month-to-month residential: 30 days' written notice if the increase (alone or cumulative over 12 months) is 10% or less; 90 days if greater than 10% (plus 5 days if served by mail under CCP § 1013). Statewide cap (AB 1482, Civ. Code § 1947.12): over any 12-month period no more than 5% plus regional CPI change, or 10%, whichever is lower, and no more than two increases per 12 months — with exemptions incl. housing built within 15 years, most separately alienable single-family homes/condos owned by non-corporate owners who give the statutory exemption notice, owner-occupied duplexes, and deed-restricted affordable housing. (Cal. Civ. Code § 827(b)(2)–(3); § 1947.12(a)(1), (d), confirmed 2026-10). Ending a month-to-month tenancy: Owner must give at least 60 days' written notice; 30 days if the tenant has resided less than one year (or in the narrow sale-to-owner-occupant escrow case). Tenant gives notice equal to the rental period. Notice must include the abandoned-property statement. Separately, tenancies of 12+ months in covered housing require just cause under Civ. Code § 1946.2 (referenced in § 1947.12(d)(5); not fetched this session). (Cal. Civ. Code § 1946.1(b)–(c), confirmed 2026-10). Entry: Reasonable written notice (date, approximate time, purpose) and entry only during normal business hours; 24 hours is presumed reasonable; 6 days if the notice is mailed. Oral notice (24 hours) allowed for showings to purchasers if written notice of sale was given within 120 days. No notice for emergency, tenant consent at time of entry, or abandonment. (Cal. Civ. Code § 1954(d)(1), confirmed 2026-10).
California applies a statewide annual rent-increase cap with a 10% ceiling on file. Source-of-income protection is on file statewide, so voucher and benefit income must be treated like any other lawful income in screening and advertising. Card surcharges on rent: allowed only with inclusive total pricing (CA SB 478 "Honest Pricing Law" (eff. July 1, 2024) — total price must be inclusive.). Managing property for others for compensation generally requires a state license: CA DRE broker license required.
Security deposits
What California allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
One month's rent (in addition to first month's rent) for security demanded on/after July 1, 2024. Exception: two months' rent if the landlord is a natural person (or LLC of natural persons, incl. family-trust settlors/beneficiaries) owning no more than two residential rental properties with no more than four units total — but not where the prospective tenant is a service member. Advance payment of ≥6 months' rent on a ≥6-month lease is permitted.
“a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month's rent, in addition to any rent for the first month paid on or before initial occupancy.”
Excerpt from the cited source as read on the date shown.
Pet deposits count as 'security' (no separate pet deposit allowed above the cap). Bad-faith retention: statutory damages up to twice the security (§ 1950.5(m)).
Reference value in Aptoria's compliance data: “1× monthly rent”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-07
21 calendar days after the tenant vacates to return the deposit or deliver an itemized statement of deductions (with receipts for deductions over $125). Bad-faith withholding exposes the landlord to up to twice the deposit in damages. Effective Jan 1, 2026, landlords must offer electronic return where rent or the deposit was paid electronically.
Reference value in Aptoria's compliance data: “21 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
No separate pet-deposit allowance: 'security' means any payment, fee, deposit, or charge 'however denominated', so a pet deposit counts toward the total cap of one month's rent (two months' rent for a natural-person/all-natural-member LLC landlord owning no more than two residential rental properties with no more than four units total, except as to service members), in addition to first-month rent.
“Except as provided in paragraph (2), (3), or (5), a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month's rent, in addition to any rent for the first month paid on or before initial occupancy.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Not permitted as a separate charge”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a California lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No statutory dollar/percentage cap or mandatory grace period. A late fee in a residential lease is a liquidated-damages clause: void unless it would be impracticable or extremely difficult to fix the actual damage, in which case the parties may agree on a presumed-damages amount (§ 1671(d)).
“a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable”
Excerpt from the cited source as read on the date shown.
Case law (Orozco v. Casimiro, 2004) applies this to residential late fees;
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
Capped at actual out-of-pocket screening cost plus reasonable value of landlord time, not to exceed $30 per applicant, adjustable annually by CPI from January 1, 1998 (statute states the base only; the current indexed ceiling must be computed/verified separately). Receipt required; fee refundable if no screening performed; no fee when no unit is available; must offer first-qualified-applicant or refund-if-not-selected process; cannot charge if applicant provides a reusable screening report (§ 1950.1).
“In no case shall the amount of the application screening fee charged by the landlord or their agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or their agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.”
Excerpt from the cited source as read on the date shown.
verify the current indexed amount before publishing a dollar number.
Reference value in Aptoria's compliance data: “$65”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(a) Statewide cap plus (c) state-authorized local rent control. Tenant Protection Act (Civ. Code § 1947.12): for covered units, no more than 5% plus the regional percentage change in CPI, or 10%, whichever is lower, over any 12-month period, measured from the lowest gross rent charged in the prior 12 months; at most two increments per 12 months; new tenancies reset the rate; exemptions in § 1947.12(d) (e.g., housing issued a certificate of occupancy within the previous 15 years, certain single-family homes/condos owned by non-corporate owners with required notice, owner-occupied duplexes); section repealed January 1, 2030. Local rent-control ordinances remain permitted within Costa-Hawkins limits (Civ. Code § 1954.52: owners may set initial and subsequent rents for units with a certificate of occupancy after February 1, 1995 and for separately alienable single-family homes/condos). No single statewide current-year figure is published; the cap varies by metropolitan CPI area (April CPI applies to increases taking effect August 1 through July 31).
“an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged”
Excerpt from the cited source as read on the date shown.
local sources (e.g., SF Rent Board) report 8.8% for Aug 1, 2026–Jul 31, 2027 in the SF CPI area — not verified here.
Reference value in Aptoria's compliance data: “Statewide annual increase cap (10% ceiling on file)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice California requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
Month-to-month residential: 30 days' written notice if the increase (alone or cumulative over 12 months) is 10% or less; 90 days if greater than 10% (plus 5 days if served by mail under CCP § 1013). Statewide cap (AB 1482, Civ. Code § 1947.12): over any 12-month period no more than 5% plus regional CPI change, or 10%, whichever is lower, and no more than two increases per 12 months — with exemptions incl. housing built within 15 years, most separately alienable single-family homes/condos owned by non-corporate owners who give the statutory exemption notice, owner-occupied duplexes, and deed-restricted affordable housing.
“greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 90 days”
Excerpt from the cited source as read on the date shown.
§ 1947.12(a)(1): 'shall not, over the course of any 12-month period, increase the gross rental rate ... more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower'.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
Owner must give at least 60 days' written notice; 30 days if the tenant has resided less than one year (or in the narrow sale-to-owner-occupant escrow case). Tenant gives notice equal to the rental period. Notice must include the abandoned-property statement. Separately, tenancies of 12+ months in covered housing require just cause under Civ. Code § 1946.2 (referenced in § 1947.12(d)(5); not fetched this session).
“An owner of a residential dwelling or commercial real property hired by a qualified commercial tenant giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination.”
Excerpt from the cited source as read on the date shown.
§ 1946.1(c): 'at least 30 days prior to the proposed date of termination if a tenant or resident has resided in the dwelling or occupied the property for less than one year.'
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
Three days' written notice to pay or quit, EXCLUDING Saturdays, Sundays and judicial holidays; notice must state the amount due and payment name/phone/address (and hours if personal payment), or account/EFT details; may be served within one year after rent becomes due. No fee may be charged for serving the notice.
“after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a California landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
Reasonable written notice (date, approximate time, purpose) and entry only during normal business hours; 24 hours is presumed reasonable; 6 days if the notice is mailed. Oral notice (24 hours) allowed for showings to purchasers if written notice of sale was given within 120 days. No notice for emergency, tenant consent at time of entry, or abandonment.
“Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “24 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed only with inclusive total pricing
CA SB 478 "Honest Pricing Law" (eff. July 1, 2024) — total price must be inclusive.
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
Protected statewide
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
CA DRE broker license required.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
California next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
No statewide cap (reasonableness standard); 4 days grace
Rent-increase notice
30 days
30 days
60 days
90 days
Non-emergency entry notice
24 hours
48 hours
24 hours
24 hours
Pay-or-quit notice
3 days
5 days
7 days
10 days
Source-of-income protection
Protected statewide
No statewide protection on file
No statewide protection on file
Protected statewide
Card surcharges on rent
Allowed only with inclusive total pricing
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Lease disclosures on file
Federal and state disclosures Aptoria's lease workflow surfaces for California. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Megan's Law (sex offender registry)
• Mold (Civil Code §1940.7)
• Bedbug history (Civil Code §1954.603)
• Demolition notice if applicable
• Flood hazard zone (AB 1747)
• AB 1482 just-cause + rent cap (covered units)
Official sources
Primary sources a California landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in California?
One month's rent (in addition to first month's rent) for security demanded on/after July 1, 2024. Exception: two months' rent if the landlord is a natural person (or LLC of natural persons, incl. family-trust settlors/beneficiaries) owning no more than two residential rental properties with no more than four units total — but not where the prospective tenant is a service member. Advance payment of ≥6 months' rent on a ≥6-month lease is permitted. (Cal. Civ. Code § 1950.5(c)(1), (c)(5), confirmed 2026-10).
How long does a California landlord have to return the security deposit?
21 calendar days after the tenant vacates to return the deposit or deliver an itemized statement of deductions (with receipts for deductions over $125). Bad-faith withholding exposes the landlord to up to twice the deposit in damages. Effective Jan 1, 2026, landlords must offer electronic return where rent or the deposit was paid electronically. (Cal. Civ. Code § 1950.5, confirmed 2026-07).
What is the maximum late fee in California?
No statutory dollar/percentage cap or mandatory grace period. A late fee in a residential lease is a liquidated-damages clause: void unless it would be impracticable or extremely difficult to fix the actual damage, in which case the parties may agree on a presumed-damages amount (§ 1671(d)). (Cal. Civ. Code § 1671(c)(2), (d), confirmed 2026-10).
How many days does a California pay-or-quit notice give the tenant?
Three days' written notice to pay or quit, EXCLUDING Saturdays, Sundays and judicial holidays; notice must state the amount due and payment name/phone/address (and hours if personal payment), or account/EFT details; may be served within one year after rent becomes due. No fee may be charged for serving the notice. (Cal. Code Civ. Proc. § 1161(2), confirmed 2026-10).
How much notice must a California landlord give before entering?
Reasonable written notice (date, approximate time, purpose) and entry only during normal business hours; 24 hours is presumed reasonable; 6 days if the notice is mailed. Oral notice (24 hours) allowed for showings to purchasers if written notice of sale was given within 120 days. No notice for emergency, tenant consent at time of entry, or abandonment. (Cal. Civ. Code § 1954(d)(1), confirmed 2026-10).
How much notice is required to raise rent in California?
Month-to-month residential: 30 days' written notice if the increase (alone or cumulative over 12 months) is 10% or less; 90 days if greater than 10% (plus 5 days if served by mail under CCP § 1013). Statewide cap (AB 1482, Civ. Code § 1947.12): over any 12-month period no more than 5% plus regional CPI change, or 10%, whichever is lower, and no more than two increases per 12 months — with exemptions incl. housing built within 15 years, most separately alienable single-family homes/condos owned by non-corporate owners who give the statutory exemption notice, owner-occupied duplexes, and deed-restricted affordable housing. (Cal. Civ. Code § 827(b)(2)–(3); § 1947.12(a)(1), (d), confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in California?
Owner must give at least 60 days' written notice; 30 days if the tenant has resided less than one year (or in the narrow sale-to-owner-occupant escrow case). Tenant gives notice equal to the rental period. Notice must include the abandoned-property statement. Separately, tenancies of 12+ months in covered housing require just cause under Civ. Code § 1946.2 (referenced in § 1947.12(d)(5); not fetched this session). (Cal. Civ. Code § 1946.1(b)–(c), confirmed 2026-10).
Does California have statewide rent control?
Yes. California applies a statewide annual cap on rent increases (10% ceiling on file). Covered units, exemptions and the notice period are set by the statute, so confirm the current text before issuing an increase.
Is source of income a protected class in California?
Statewide source-of-income protection is on file for California. Screening criteria, advertising and income calculations must treat vouchers and benefit income like other lawful income. Local rules can add further protections.
Can a California landlord add a surcharge for paying rent by card?
Allowed only with inclusive total pricing. CA SB 478 "Honest Pricing Law" (eff. July 1, 2024) — total price must be inclusive. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 3 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.